In Re: Rules Governing Admission to The Mississippi Bar
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Serial: 156093
IN THE SUPREM E COURT OF M ISSISSIPPI
No. 89-R-99012-SCT
IN RE: RULES GOVERNING
ADMISSION TO THE MISSISSIPPI BAR
ORDER
This matter is before the Court en banc on the Mississippi Board of Bar Admissions’
motion to amend the Rules Governing Admission to the Mississippi Bar to increase certain
fees. After due consideration, the Court finds, pursuant to Section 73-3-2(7) of the Mississippi
Code, that
The board shall set and collect the fees for examination and for admission to the
bar. The fees for examination shall be based upon the annual cost of
administering the examinations. The fees for admission shall be based upon the
cost of conducting an investigation of the applicant and the administrative costs
of sustaining the board. . . .
Miss. Code Ann. § 73-3-2(7). The Court further finds that the Board of Bar Admissions
receives no appropriations from the Mississippi Legislature, and has no other source of funds
from which to transact its business. The Court further finds that the motion for an increase
in fees is necessary for the Board of Bar Admissions to continue to transact its business,
including, but not limited to, administering the bar examination to applicants seeking admission
to the M ississippi Bar. The Court finds that the amendments, as hereinafter set forth, will
promote the fair and effective administration of justice and that they should be adopted as set
forth herein.
IT IS THEREFORE ORDERED that Rule IV of the Rules Governing Admission to the
Mississippi Bar is amended, effective July 10, 2009, as set forth in Exhibit A, hereto.
IT IS FURTHER ORDERED that the Clerk of this Court shall spread this order upon
the minutes of the Court and shall forward a true certified copy to West Publishing Company
for publication as soon as practical in the advance sheets of Southern Reporter, Third Series
(Mississippi Edition) and in the next edition of Mississippi Rules of Court.
SO ORDERED, this the
30th
day of June, 2009.
/s/ Jess Dickinson
JESS H. DICKINSON, JUSTICE
FOR THE COURT
TO DENY: PIERCE, J.
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Exhibit A
RULE IV. EXAM INATION APPLICATIONS
Section 1. Application Forms.
The application for admission by examination shall be on a form prescribed by the
Board. The provisions of Rule III, Section 1 shall apply to applications for admission by
examination.
[Effective November 1, 1991.]
Section 2. Examination Applications for Applicants Who Have Filed Law Student
Registrations
Those applicants who have previously registered as law students under Rule III, Section
2(A) and those law students who previously registered late under Rule III, Section 3, must file
with the Board an Application for Admission by Examination, designating the examination for
which applicant desires to sit. Each Application for Admission by Examination must be
accompanied by a fee of $325.00 $525.00, which shall be in addition to registration fees due
under Rule III, Section 2(A) and 3. (Money order, certified check, or cash only) Application
must be filed with the Board on or before October 1 st preceding the February examination for
which the applicant wishes to sit or on or before March 1 st preceding the July examination for
which applicant wishes to sit.
Any law student who has not filed a law student application under Rule III, Section 2(A)
or 3, must file the Application for Admission by Examination under Rule IV, Section 3 below.
[Effective November 1, 1991; amended effective July 1, 1999; amended effective August 24,
2000, for applications for the February 2001 and subsequent examination; amended effective
April 15, 2004, for applications for the February 2005 and subsequent examinations.; amended
effective July 10, 2009.]
Section 3. Examination Applications for Applicants Not Registering as Law Students
Any applicant who has not previously filed an Application for Registration as a Law
Student as provided in Rule III, Section 2(A) or 3, must file a completed Application for
Admission by Examination with the Board on or before September 1 st preceding the February
examination for which he or she wishes to sit or on or before February 1 st preceding the July
examination for which he or she wishes to sit. A filing fee of $625.00 $825.00 must
accompany the Application. (Money order, certified check, or cash only) Applicants admitted
in other jurisdictions may be required to pay additional fees for character investigations. Such
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applicants must contact the Board of Bar Admissions Office for the amount of the additional
fees required, if any.
[Effective November 1, 1991; amended effective July 1, 1999; amended effective August 24,
2000, for applications for the February 2001 and subsequent examinations; amended effective
April 15, 2004, for applications for the February 2005 and subsequent examinations.; amended
effective July 10, 2009.]
Section 4. Late Applications for General Bar Examination
Any applicant who failed to file a timely Application for Admission by Examination
under Section 2 or Section 3 above may file a late Application for Admission by Examination
with the Board from September 2 nd to November 1 st preceding the February examination for
which he or she wishes to sit or February 2 nd to April 1 st preceding the July examination for
which he or she wishes to sit. A filing fee of $525.00 $725.00 must accompany the
Application if the applicant has previously registered as a law student as provided in Rule III,
Section 2(A) or 3, or by a filing fee of $825.00 $1,025.00 if the applicant has not previously
registered as a law student as provided in Article III, Section 2(A) or 3. Applicants admitted
in other jurisdictions may be required to pay additional fees for character investigations. Such
applicants must contact the Board of Bar Admissions Office for the amount of the additional
fees required, if any.
When an Application for Admissions by Examination is filed later than the prescribed
deadlines the Board may act, but shall not be required to act, upon such application in time to
permit the applicant to take such approaching examination.
However, under no circumstances will an application to sit for the examination be
accepted after the prescribed late deadlines in this Section.
[Effective November 1, 1991; amended effective July 1, 1999; amended effective August 24,
2000, for applications for the February 2001 and subsequent examinations; amended effective
April 15, 2004, for applications for the February 2005 and subsequent examinations.; amended
effective July 10, 2009.]
Section 5. Qualifications for Examination Applicants.
An application for admission to the Bar by examination may be filed by an individual
who:
A. is 21 years of age:
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B. has received a bachelor's degree from an accredited college or university or has
received credit for the requirements of the first three (3) years of college work from a college
or university offering an integrated six-year prelaw and law course, and has completed his law
course at a college or university offering such an integrated six-year course; and
C. (1) has successfully completed, or (2) at the time of taking the bar examination, will
be within sixty (60) days of completion of, a general course of study of law in a law school
which is provisionally or fully approved by the Section on Legal Education and Admission to
the Bar of the American Bar Association. Any applicant filing an exam application under
Subsection 1(C)(2) of this Rule shall file with the Board on a form prescribed by the Board,
a statement requesting to take the bar exam pursuant to the above Rule and must request the
dean or registrar of his law school to file with the Board, on a form prescribed by the Board,
a certification stating that said applicant should complete his course of study on or before sixty
(60) days from the date of the examination for which the applicant is registered. At the
completion of said course and within sixty (60) days after the exam date, the applicant must
request his law school dean or registrar to file with the Board a "Certificate of Completion"
evidencing the satisfactory completion of such course of study within the prescribed sixty (60)
day period. A Certificate of Eligibility for Admission will not be issued to applicant without
the final certification from his law school dean or registrar. Failure to complete the course of
study within sixty (60) days of the examination and to have the dean or registrar of the
applicant's law school so certify shall render the applicant's results on the subject examination
void. (However, an applicant who, as of November 1, 1981, was or had been previously
enrolled in a law school in active existence in Mississippi for more than ten (10) years prior to
the date of application shall be eligible for examination for admission; provided that such an
applicant must have graduated from such law school prior to November 1, 1984).
[Effective November 1, 1991.]
Section 6. Re-examination Deadlines and Fees.
Any applicant who fails the bar examination shall be allowed to take the next scheduled
examination without further investigation as to his character and fitness unless additional
information requiring investigation comes to the attention of the Board.
The applicant must file an application on a form provided by the Board for
reexamination with a fee of $350.00 $550.00 (money order, certified check, or cash only) by
November 1 st preceding the February examination and by May 1 st preceding the July
examination.
[Effective November 1, 1991; amended effective July 1, 1999; amended effective August 24,
2000, for applications for the February 2001 and subsequent examinations; amended effective
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April 15, 2004, for applications for the February 2005 and subsequent examinations.; amended
effective July 10, 2009.]
[Effective November 1, 1991; former section 7 deleted effective December 9, 2004, removing
the requirement of additional study after three unsuccessful attempts to pass the examination
.]
Section 7. Deferment.
If after filing an exam application, an applicant finds he is unable to take the examination
on the prescribed date, a written request shall be submitted to the Board for a deferment to the
subsequent exam period. One deferment will be granted an applicant without the filing of a new
application or payment of additional fees. Additional deferments shall require the payment of
the filing fee of $125.00 $325.00 (money order, certified check or cash only). After more than
one deferment, the Board may require re-investigation of the applicant's character and fitness.
Failure on the part of an applicant to appear for an examination without first requesting
deferment will result in the application being dismissed and the applicant will have to file a new
application and pay the regular application fee for the subsequent examination.
[Effective November 1, 1991; section renumbered effective December 9, 2004.; amended
effective July 10, 2009.]
Section 8. Examination of Disbarred Attorneys
A disbarred attorney seeking reinstatement to the Mississippi Bar pursuant to Rule 12
of the Mississippi Rules of Discipline shall file with the Board of Bar Admissions an
application to take the Mississippi Bar Examination on or before January 1 st preceding the
February examination for which such applicant proposes to sit or on or before June 1 st
preceding the July examination for which such applicant proposes to sit. The form of such
applications shall be prescribed by the Board. The application must be accompanied by an
examination fee of $325.00 $525.00 (money order, certified check, or cash only) payable to
the Board of Bar Admissions. The Mississippi Bar Examination shall be administered and
graded for such applicants in the same manner as for applicants for new admission. The results
shall be reported to the applicant, to the Clerk of the Mississippi Supreme Court, and to the
Board of Bar Commissioners. The same procedures and fees, where applicable, for deferrals,
petitions for review, appeals, and re-examination applicable to applicants for admission through
the regular bar examination shall be applicable to applicants for examination under this Rule.
[Adopted effective December 31, 1992; amended effective August 24, 2000, for the February
2001 and subsequent examinations; amended effective April 15, 2004, for applications for the
February 2005 and subsequent examinations; section renumbered effective December 9, 2004.;
amended effective July 10, 2009.]
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